Understanding Types of Divorce in California: What You Need to Know

Types of Divorce in California

California offers different types of divorce options to accommodate the unique needs and circumstances of couples. Here are some common types of divorce in California:

1. Uncontested Divorce

An uncontested divorce is the most straightforward and amicable option where both spouses agree on all key issues such as child custody, property division, and spousal support. They may have reached a settlement agreement outside of court, which is then submitted to the court for approval.

2. Contested Divorce

A contested divorce occurs when spouses are unable to agree on one or more significant issues. This could involve disputes over child custody, visitation, division of assets, or spousal support. In a contested divorce, the court will intervene and make decisions on these matters after considering evidence and hearing arguments from both parties.

3. Collaborative Divorce

A collaborative divorce involves both spouses and their respective attorneys working together to negotiate and reach a settlement agreement outside of court. It encourages open communication and cooperation to resolve conflicts and find mutually acceptable solutions. If an agreement cannot be reached, the collaborative process ends, and the spouses will need to pursue other options.

4. Mediated Divorce

In a mediated divorce, a neutral third-party mediator helps facilitate discussions between spouses to reach a mutually satisfactory agreement. The mediator does not provide legal advice but assists in finding common ground and resolving disputes. Once an agreement is reached, it is typically presented to the court for approval.

5. Default Divorce

A default divorce occurs when one spouse files for divorce, and the other spouse does not respond or participate in the legal proceedings. In such cases, the court may grant the divorce based on the filing spouse’s requests and may make decisions on matters like property division and child custody based on the available information.

It’s important to consult with a qualified family law attorney in California to understand the specific laws, procedures, and options available to you based on your circumstances.